Reed v. Martinez et al

Filing 11

ORDER. IT IS ORDERED that, pursuant to 8 Screening Order, this action shall proceed on Count I's inadequate conditions of confinement claim against defendant Peggy Martinez only. IT IS FURTHER ORDERED that the portion of Count I against De fendant Aramark is dismissed with prejudice for failure to state a claim. IT IS FURTHER ORDERED that the Clerk of Court SHALL ISSUE a summons for Defendant Peggy Martinez, AND DELIVER THE SAME, along with 9 Complaint, to the U.S. Marshal for service. The Clerk also SHALL SEND to Plaintiff one USM-285 form, one copy of the complaint and a copy of this order. Signed by Judge Andrew P. Gordon on 10/21/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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HOMER O. REED,

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ORDER

Plaintiff,

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Case No. 2:15-cv-00142-APG-PAL

v.
PEGGY MARTINEZ et al.,

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Defendants.

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On June 19, 2015, the Court issued a screening order permitting Count I’s Eighth

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Amendment inadequate conditions of confinement claim to proceed against defendant

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Peggy Martinez but dismissed the claim with leave to amend against defendant

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Aramark and dismissed Count II with leave to amend. (Dkt. #8 at 7-8). The Court

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granted Plaintiff 30 days from the date of that order to file an amended complaint curing

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the deficiencies of the portion of Count I against Aramark and Count II. (Id.). The Court

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specifically stated that if Plaintiff chose not to file an amended complaint, the action

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would proceed only on Count I’s Eighth Amendment inadequate conditions of

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confinement claim against defendant Peggy Martinez.

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an amended complaint. Pursuant to the screening order, this action shall proceed on

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Count I’s inadequate conditions of confinement claim against defendant Peggy Martinez

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only.

(Id. at 8). Plaintiff has not filed

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For the foregoing reasons, IT IS ORDERED that, pursuant to the Court’s

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screening order (Dkt. #8), this action shall proceed on Count I’s inadequate conditions

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of confinement claim against defendant Peggy Martinez only.

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IT IS FURTHER ORDERED that the portion of Count I against Defendant
Aramark is dismissed with prejudice for failure to state a claim.
IT IS FURTHER ORDERED that Count II is dismissed with prejudice for failure to
state a claim.

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IT IS FURTHER ORDERED that the Clerk of Court SHALL ISSUE a summons

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for Defendant Peggy Martinez, AND DELIVER THE SAME, along with the complaint

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(Dkt. #9), to the U.S. Marshal for service. The Clerk also SHALL SEND to Plaintiff one

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USM-285 form, one copy of the complaint and a copy of this order. Plaintiff shall have

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thirty (30) days within which to furnish to the U.S. Marshal the required USM-285 form

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with relevant information as to the Defendant on the form. Within twenty (20) days

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after receiving from the U.S. Marshal a copy of the USM-285 form showing whether

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service has been accomplished, Plaintiff must file a notice with the Court stating

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whether Defendant was served. If Plaintiff wishes to have service again attempted on

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Defendant, then a motion must be filed with the Court specifying a more detailed name

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and/or address for Defendant, or whether some other manner of service should be

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attempted.

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IT IS FURTHER ORDERED that the Court, in its discretion, may order a

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subpoena duces tecum to the custodian of records directing the custodian to provide

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last-known address of the Defendant.

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IT IS FURTHER ORDERED that henceforth, Plaintiff shall serve upon Defendant

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or, if appearance has been entered by counsel, upon the attorney(s), a copy of every

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pleading, motion or other document submitted for consideration by the Court. Plaintiff

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shall include with the original paper submitted for filing a certificate stating the date that

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a true and correct copy of the document was mailed to the Defendant or counsel for the

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Defendant.

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magistrate judge which has not been filed with the clerk, and any paper received by a

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district judge, magistrate judge or the clerk which fails to include a certificate of service.

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The Court may disregard any paper received by a district judge or

Dated: October 21, 2015.

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UNITED STATES DISTRICT JUDGE

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